Muwatta Imam Malik (Riwayat Yahya)

Imam Malik (may Allah have mercy on him) was informed that Sayyiduna Umar bin Khattab (may Allah be pleased with him), Sayyiduna Ali bin Abi Talib (may Allah be pleased with him), and Sayyiduna Abu Hurairah (may Allah be pleased with him) were asked about a man who had intercourse with his wife while in the state of ihram; what should he do? All of them replied that both the husband and wife should complete the rites of Hajj until the Hajj is finished, then in the following year, Hajj and offering a sacrifice (hady) are obligatory upon them. Sayyiduna Ali (may Allah be pleased with him) also said that then in the following year, when they perform Hajj, both should remain separate from each other until the Hajj is completed.

It is narrated from Yahya bin Saeed, he heard from Hazrat Saeed bin Musayyib, he used to say to the people: What do you say about the person who had intercourse with his wife while in the state of Ihram? So the people did not give any answer. Then Saeed said that a person had done such a thing, so he sent someone to Medina to inquire. Some people said: The husband and wife should be separated for one year. Saeed said: Both should continue performing Hajj and complete the Hajj which they have invalidated. When they return after finishing, then the next year, if they are alive, they should perform Hajj again and offer a sacrifice, and they should enter into Ihram for the second Hajj from the same place where they had entered Ihram for the first Hajj, and the man and woman should remain separated until they have completed the Hajj.

Imam Malik, may Allah have mercy on him, said: Each one of them should offer one camel as Hadi.

Imam Malik, may Allah have mercy on him, said: Whoever has intercourse with his wife after returning from Arafat and before throwing the pebbles, then a sacrificial animal (hady) becomes obligatory upon him and he must perform Hajj again the following year. If he has intercourse after throwing the pebbles (but before the Tawaf al-Ziyarah), then an ‘umrah and a sacrificial animal (hady) become obligatory upon him, and it is not necessary for him to perform Hajj again the following year.

Imam Malik, may Allah have mercy on him, said that Hajj or Umrah becomes invalidated by intercourse in which penetration occurs, even if ejaculation does not take place. And if ejaculation occurs through intimacy without penetration, even then the Hajj becomes invalid. However, if a person merely had a thought in his heart and ejaculation occurred, then nothing is obligatory upon him.

Imam Malik, may Allah have mercy on him, said that if a person kisses his wife and there is no ejaculation, then a sacrificial animal (hady) will be obligatory upon him. One goat will suffice.

Imam Malik, may Allah have mercy on him, said: If a woman with whom her husband had intercourse several times with her consent, and the woman was in the state of ihram for Hajj, then it will be obligatory upon the woman to make up that Hajj the following year and to offer a sacrificial animal (hady). And if the woman was in the state of ihram for Umrah, then it will be obligatory upon her to make up that Umrah and to offer a sacrificial animal (hady).